§ 25-115

Notwithstanding the provisions of article 100 of this chapter, initiation of amendments to the zoning map or modification of the provisions of this zoning code shall be as follows:

A. By resolution of intention of the city council; or

B. By resolution of intention of the planning commission; or

C. By application by one or more property owners of property proposed for rezoning. Such application shall be filed as required by section 25-100-2 of this chapter. Furthermore, the application shall explain the reason of public necessity, convenience, health, safety, or general welfare requiring such amendment. (Ord. #1563, §3)

A. Upon the acceptance of a completed application or upon the adoption of a resolution as described in section 25-115-1 of this article, the development services director or his/her designee shall review the application for conformance with the provisions of this zoning code. The director shall prepare a recommendation and forward the recommendation, application, or resolution and other relevant materials to the planning commission secretary. The secretary shall schedule the matter for public hearing before the planning commission pursuant to the provisions of this zoning code.

B. The planning commission shall hear and take action upon the application or resolution pursuant to the provisions of article 100 of this chapter. The commission may continue the hearing from time to time, and no additional notification shall be required.

C. The commission shall act by resolution to recommend approval, approval with modifications, or denial of the application or resolution.

D. The commission’s resolution shall be filed with the city clerk not more than five (5) days following the commission’s final action. (Ord. #1563, §3)

A. Upon receipt of a planning commission resolution recommending denial of a zone change or amendment, the city clerk shall place the commission’s resolution on an agenda of the city council for consideration within twenty (20) days of the resolution filing. The commission’s decision will be considered final and no further action by the council will be required unless, within ten (10) days after the item appears on the council’s agenda, an appeal is filed pursuant to section 25-100-6 of this chapter, or unless the city council sets the matter for council hearing. All such hearings shall be noticed and conducted as provided for in article 100 of this chapter.

B. Upon receipt of the resolution of the planning commission recommending approval of a zone change or amendment, the city clerk shall set the matter for hearing before the city council as provided for in article 100 of this chapter.

C. The city council shall hear and take action upon the application or resolution pursuant to the provisions of article 100 of this chapter.

D. The council shall act to approve, conditionally approve, or deny the application for a zone change or amendment. (Ord. #1563, §3)

The planning commission and city council shall be required to make the following findings of fact before approving a zone change or zoning code amendment:

A. That the proposed amendment is consistent with the goals, policies, and objectives of the general plan; and

B. That a proposed zone change will not adversely affect surrounding properties. (Ord. #1563, §3)

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